The recent California fires have caused widespread destruction, displacing families and disrupting lives. For employees, these natural disasters also bring questions about workplace rights and protections. From safety concerns to wage and leave entitlements, understanding your rights is crucial during this challenging time.
At Lavi & Ebrahimian, LLP, our labor and employment attorneys are dedicated to protecting employees’ rights. Here’s what you need to know about your workplace rights in the aftermath of the California fires.
Your Right to a Safe Workplace
Under California law, employers are required to provide a safe and healthy workplace. If the fires have created unsafe conditions—such as poor air quality or hazardous debris—your employer must take steps to protect you.
Key protections include:
- Providing masks or air purifiers if air quality is compromised.
- Relocating or allowing employees to work remotely if the worksite is unsafe.
- Adhering to Cal/OSHA standards to address workplace hazards.
If you believe your workplace is unsafe and your employer is not taking action, you have the right to file a complaint with Cal/OSHA or seek legal counsel.
Wage and Hour Rights
Natural disasters often disrupt work schedules, leaving employees uncertain about pay.
Here are your rights:
- Non-Exempt Employees: Employers are not required to pay hourly employees for time not worked due to closures unless you use accrued paid time off (PTO).
- Exempt Employees: If you’re salaried and worked any part of the week, your employer is generally required to pay your full weekly salary, even if the business closed for part of the week.
- Reporting Time Pay: If you report to work but are sent home due to unsafe conditions, you may be entitled to reporting time pay under California law.
If your employer has withheld wages unfairly, you may have grounds for a wage claim.
Leave of Absence Protections
Employees affected by the California fires may need time off to address personal or family needs. Your employer is required to comply with state and federal leave laws, including:
- Paid Sick Leave: You can use accrued sick leave for health issues caused by the fires, including respiratory problems or stress.
- California Family Rights Act (CFRA): Eligible employees can take up to 12 weeks of unpaid leave to care for a family member or recover from personal injury caused by the fires.
- Emergency Leave Protections: Certain local laws may provide additional leave entitlements during declared emergencies.
Make sure to notify your employer as soon as possible if you need leave.
Protections Against Retaliation
California’s anti-retaliation laws protect employees who:
- Report unsafe working conditions.
- Request leave to deal with fire-related issues.
- Refuse to work in unsafe conditions.
If you face retaliation, such as termination or reduced hours, for exercising these rights, you may have a claim against your employer
Rights for Displaced Workers
If you’ve been displaced by the fires, your employer should work with you to provide accommodations, such as remote work options or adjusted schedules. Employers must also comply with California’s rules on terminating or laying off workers during natural disasters.
How Lavi & Ebrahimian, LLP Can Help
If you’re facing workplace challenges due to the California fires, the labor and employment attorneys at Lavi & Ebrahimian, LLP are here to help. Whether you’re dealing with unsafe working conditions, wage disputes, or retaliation, our experienced team will fight to protect your rights.
Contact us today at (866) 470-2189 to schedule a consultation. Let us provide the guidance and support you need during this difficult time.
Conclusion
The California fires have created uncertainty for many employees, but knowing your rights can empower you to take action. From safety and wage protections to leave and retaliation laws, you have legal safeguards in place.
If you’re facing challenges at work related to the fires, don’t hesitate to reach out to the experienced attorneys at Lavi & Ebrahimian, LLP. Call (866) 470-2189 today to protect your workplace rights.